USA > Missouri > Pettis County > The History of Pettis County, Missouri, including an authentic history of Sedalia, other towns and townships, together with biographical sketches > Part 17
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118
SEC. 40. In case there be a tie, or a contested election between can- didates for clerk of any court of record, the same shall be determined in such manner as may be directed by law.
SEC. 41. In case of the inability of any judge of a court of record to discharge the duties of his office with efficiency, by reason of continued sickness, or physical or mental infirmity, it shall be in the power of the general assembly, two thirds of the members of each house concurring, with the approval of the governor, to remove such judge from office; but each house shall state on its respective journal the cause for which it shall wish his removal, and give him notice thereof, and he shall have the right to be heard in his defense, in such manner as the general assembly shall by law direct.
SEC. 42. All courts now existing in this state, not named or provided for in this constitution, shall continue until the expiration of the terms of office of the several judges; and as such terms expire, the business of said court shall vest in the court having jurisdiction thereof in the counties where said courts now exist, and all the records and papers shall be trans- ferred to the proper courts.
146
CONSTITUTION OF MISSOURI.
SEC. 43. The supreme court of the state shall designate what opin- ions delivered by the court, or the judge thereof, may be printed at the ex- pense of the state; and the general assembly shall make no provision for payment by the state for the publication of any case decided by said court, not so designated.
SEC. 44. All judicial decisions in this state shall be free for publica- tion by any person.
ARTICLE VII .- IMPEACHMENTS.
SECTION 1. The governor, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general, superintendent of pub- lic schools, and judges of the supreme, circuit and criminal courts, and of the St. Louis court of appeals, shall be liable to impeachment for high crimes or misdemeanors, and for misconduct, habits of drunkenness, or op- pression in office.
SEC. 2. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried hy the senate, and, when sitting for that purpose, the senators shall be sworn to do justice according to law and evidence. When the governor of the state is on trial, the chief justice of the supreme court shall preside. No person shall be convicted without the concurrence of two-thirds of the senators present. But judg- ment in such cases shall not extend any further than removal from office, and disqualification to hold any office of honor, trust or profit under this state. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law.
ARTICLE VIII .- SUFFRAGE AND ELECTIONS.
SECTION 1. The general election shall be held biennially on the Tues- day next following the first Monday in November. The first general elec- tion under this constitution shall be held on that day, in the year one thou- sand eight hundred and seventy-six; but the general assembly may, by law, fix a different day, two-thirds of all the members of each house con- senting thereto.
SEC. 2. Every male citizen of the United States, and every male per- son of foreign birth, who may have declared his intention to become a citi- zen of the United States according to law, not less than one year nor more than five years before he offers to vote, who is over the age of twenty-one years, possessing the following qualifications, shall be entitled to vote at all elections by the people:
First, He shall have resided in the state one year immediately preceding the election at which he offers to vote.
Second, He shall have resided in the county, city or town where he shall offer to vote, at least sixty days immediately preceding the election.
SEC. 3. All elections by the people shall be by ballot ; every ballot voted shall be numbered in the order in which it shall be received, and the number recorded by the election officers on the list of voters, opposite the name of the voter who presents the ballot. The election officers shall be sworn or affirmed not to disclose how any voter shall have voted, unless required to do so as witnesses in a judicial proceeding: Provided, That in all cases of contested elections the ballots cast may be counted, compared with the list of voters, and examined under such safeguards and regulations as may be prescribed by law.
147
CONSTITUTION OF MISSOURI.
SEC. 4. Voters shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning therefrom.
SEC. 5. The general assembly shall provide, by law, for the registra- tion of all voters in cities and counties having a population of more than one hundred thousand inhabitants, and may provide for such registration in cities having a population exceeding twenty-five thousand inhabitants and not exceeding one hundred thousand, but not otherwise.
SEC. 6. All elections, by persons in a representative capacity, shall be viva voce.
SEC. 7. For the purpose of voting, no person shall be deemed to have gained a residence by reason of his presence, or lost it by reason of his ab- sence, while employed in the service, either civil or military, of this state, or of the United States, nor while engaged in the navigation of the waters of the state or of the United States, or of the high seas, nor while a student of any institution of learning, nor while kept in a poor house or other asy- lum at public expense, nor while confined in public prison.
SEC. 8. No person, while kept at any poor house, or other asylum, at public expense, nor while confined in any public prison, shall be entitled to. vote at any election under the laws of this state.
SEC. 9. The trial and determination of contested elections of all public- officers, whether state, judicial, municipal, or local, except governor and lieutenant governor, shall be by the courts of law, or by one or more of the judges thereof. The general assembly shall, by general law, designate the court or judge by whom the several classes of election contests shall be tried, and regulate the manner of trial and all matters incident thereto; but no such law, assigning jurisdiction or regulating its exercise, shall apply to any contest arising out of any election held before said law shall take effect.
SEC. 10. The general assembly may enact laws excluding from the. right of voting all persons convicted of felony or other infamous crime, or misdemeanors connected with the exercise of the right of suffrage.
SEC. 11. No officer, soldier or marine, in the regular army or navy of the United States, shall be entitled to vote at any election in this state.
SEC. 12. No person shall be elected or appointed to any office in this state, civil or military, who is not a citizen of the United States, and who shall not have resided in this state one year next preceding his election or appointment.
ARTICLE IX .- COUNTIES, CITIES AND TOWNS,
SECTION 1. The several counties of this state, as they now exist, are hereby recognized as legal subdivisions of the state.
SEC. 2. The general assembly shall have no power to remove the county seat of any county, but the removal of county seats shall be pro- vided for by general law; and no county seat shall be removed unless two- thirds of the qualified voters of the county, voting on the proposition at a general election, vote therefor; and no such proposition shall be sub- mitted oftener than once in five years. All additions to a town, which is a county seat, shall be included, considered and regarded as part of the county seat.
SEC. 3. The general assembly shall have no power to establish any new county with a territory of less than four hundred and ten square miles, nor to reduce any county, now established, to a less area or less population
148
CONSTITUTION OF MISSOURI.
than required for a ratio of representation existing at the time; but when a new county is formed, having a population less than a ratio of represent- ation, it shall be attached for representative purposes to the county from which the greatest amount of territory is taken until such ratio shall be obtained. No county shall be divided or have any portion stricken there- from, without submitting the question to a vote of the people of the county, nor unless a majority of all the qualified voters of the county or counties thus affected, voting on the question, shall vote therefor; nor shall any new county be established, any line of which shall run within ten miles of the then existing county seat of any county. In all cases of the establishment of any new county, the new county shall be held for and obliged to pay its ratable proportion of all the liabilities then existing of the county or coun- ties from which said new county shall be formed.
SEC. 4. No part of the territory of any county shall be stricken off and added to an adjoining county, without submitting the question to the qual- ified voters of the counties immediately interested, nor unless a majority of all the qualified voters of the counties thus affected, voting on the question, shall vote therefor. When any part of a county is stricken off and attached to another county, the part stricken off shall be holden for, and obliged to pay its proportion of all the liabilities then existing of the county from which it is taken.
SEC. 5. When any new county, formed from contiguous territory taken from older counties, or when any county to which territory shall be added taken from an adjoining county, shall fail to pay the proportion of indebt- edness of such territory, to the county or counties from which it is taken, then it may be lawful for any county from which such territory has been taken, to levy and collect, by taxation, the due proportion of indebtedness of such territory, in the same manner as if the territory had not been stricken off.
SEC. 6. No county, township, city or other municipality, shall here- after become a subscriber to the capital stock of any railroad or other cor- poration or association, or make appropriation or donation, or loan its credit to, or in aid of any such corporation or association, or to or in aid of any college or institution of learning, or other institution, whether created for or to be controlled by the state or others. All authority heretofore con- ferred for any of the purposes aforesaid by the general assembly, or by the charter of any corporation, is hereby repealed: Provided, however, That nothing in this constitution contained shall affect the right of any such municipality to make such subscription, where the same has been au- thorized under existing laws by a vote of the people of such municipality prior to its adoption, or to prevent the issue of renewal bonds or the use of such other means as are or may be prescribed by law, for the liquidation or payment of such subscription, or of any existing indebtedness.
SEC. 7. The general assembly shall provide, by general laws, for the organization and classification of cities and towns. The number of such classes shall not exceed four; and the power of each class shall be defined by general laws, so that all such municipal corporations of the same class shall possess the same powers and be subject to the same restrictions. The general assembly shall also make provisions, by general law, whereby any city, town or village, existing by virtue of any special or local law, may elect to become subject to, and be governed by, the general laws relating to such corporations.
149
CONSTITUTION OF MISSOURI.
SEC. S. The general assembly may provide, by general law, for town- ship organization, under which any county may organize whenever a ma- jority of the legal voters of such county, voting at any general election, shall so determine; and whenever any county shall adopt township organ- ization, so much of this constitution as provides for the management of county affairs, and the assessment and collection of the revenue by county officers, in conflict with such general law for township organization, may be dispensed with, and the business of said county, and the local concerns of the several townships therein, may be transacted in such manner as may be prescribed by law: Provided, That the justices, of the county court in such case shall not exceed three in number.
SEC. 9. In any county which shall have adopted " Township Organiz- ation," the question of continuing the same may be submitted to a vote of the electors of such county at a general election, in the manner that shall be provided by law; and if a majority of all the votes cast upon that question shall be against township organization, it shall cease in said county; and all laws in force in relation to counties not having township organization shall immediately take effect and be in force in such county.
SEC. 10. There shall be elected by the qualified voters in each county, at the time and places of electing representatives, a sheriff and coroner. They shall serve for two years, and until their successors be duly elected and qualified, unless sooner removed for malfeasance in office, and shall be eligible only four years in any period of six. Before entering on the duties of their office, they shall give security in the amount and in such manner as shall be prescribed by law. Whenever a county shall be hereafter established, the governor shall appoint a sheriff and a coroner therein, who shall continue in office until the next succeeding general election, and until their successors shall be duly elected and qualified.
SEC. 11. Whenever a vacancy shall happen in the office of sheriff or coroner, the same shall be filled by the county court. If such vacancy hap- pen in the office of sheriff more than nine months prior to the time of holding a general election, such county court shall immediately order a special election to fill the same, and the person by it appointed shall hold office until the person chosen at such election shall be duly qualified; otherwise, the person appointed by such county court shall hold office until the person chosen at such general election shall be duly qualified. If any vacancy happen in the office of coroner, the same shall be filled for the remainder of the term by such county court. No person elected or appointed to fill a vacancy in either of said offices shall thereby be ren- dered ineligible for the next succeeding term.
SEC. 12. The general assembly shall, by a law uniform in its opera- tion, provide for and regulate the fees of all county officers, and for this purpose may classify the counties by population.
SEC. 13. The fees of no executive or ministerial officer of any county or municipality, exclusive of the salaries actually paid to his necessary deputies, shall exceed the sum of ten thousand dollars for any one year. Every such officer shall make return, quarterly, to the county court of all fees by him received, and of the salaries by him actually paid to his depu- ties or assistants, stating the same in detail, and verifying the same by his affidavit; and for any statement or omission in such return, contrary to truth, such officer shall be liable to the penalties of willful and corrupt perjury.
150
CONSTITUTION OF MISSOURI.
SEC. 14. Except as otherwise directed by this constitution, the general assembly shall provide for the election or appointment of such other county, township and municipal officers, as public convenience may require; and their terms of office and duties shall be prescribed by law; but no term of office shall exceed four years.
SEC. 15. In all counties having a city therein containing over one hun- dred thousand inhabitants, the city and county government thereof may be consolidated in such manner as may be provided by law.
SEC. 16. Any city having a population of more than one hundred thousand inhabitants, may frame a charter for its own government, con- sistent with and subject to the constitution and laws of this state, by causing a board of thirteen freeholders, who shall have been for at least five years qualified voters thereof, to be elected by the qualified voters of such city at any general or special election; which board shall, within ninety days after such election, return to the chief magistrate of such city a draft of such charter, signed by the members of such board or a majority of them. Within thirty days thereafter, such proposed charter shall be submitted to the qualified voters of such city, at a general or special elec- tion, and if four-sevenths of such qualified voters voting thereat, shall rat- ify the same, it shall, at the end of thirty days thereafter, become the char- ter of such city, and supersede any existing charter and amendments thereof. A duplicate certificate shall be made, setting forth the charter proposed and its ratification, which shall be signed by the chief magistrate of such city, and authenticated by its corporate seal. One of such certifi- cates shall be deposited in the office of the secretary of state, and the other, after being recorded in the office of the recorder of deeds for the county in which such city lies, shall be deposited among the archives of such city, and all courts shall take judicial notice thereof. Such charter, so adopted, may be amended by a proposal therefor, made by the law-making author- ities of such city, published for at least thirty days in three newspapers of largest circulation in such city, one of which shall be a newspaper printed in the German language, and accepted by three-fifths of the qualified voters of such city, voting at a general or special election, and not other- wise; but such charter shall always be in harmony with and subject to the constitution and laws of the state.
SEC. 17. It shall be a feature of all such charters that they shall pro- vide, among other things, for a mayor or chief magistrate, and two houses of legislation, one of which at least shall be elected by general ticket; and in submitting any such charter or amendment thereto to the qualified voters of such city, any alternative section or article may be presented for the choice of the voters, and may be voted on separately, and accepted or rejected separately, without prejudice to other articles or sections of the charter or any amendment thereto.
SEC. 18. In cities or counties having more than two hundred thousand inhabitants, no person shall, at the same time, be a state officer and an officer of any county, city or other municipality; and no person shall, at the same time, fill two municipal offices, either in the same or different municipalities; but this section shall not apply to notaries public, justices of the peace or officers of the militia.
SEC. 19. The corporate authorities of any county, city, or other munic- ipal subdivision of this state, having more than two hundred thousand in- habitants, which has already exceeded the limit of indebtedness prescribed
151
CONSTITUTION OF MISSOURI.
in section twelve of article X of this constitution, may, in anticipation of the customary annual revenue thereof, appropriate, during any fiscal year, toward the general governmental expenses thereof, a sum not exceeding seven-eighths of the entire revenue applicable to general governmental purposes (exclusive of the payment of the bonded debt of such county, city or municipality) that was actually raised by taxation alone during the pre- ceding fiscal year; but until such excess of indebtedness cease, no further bonded debt shall be incurred, except for the renewal of other bonds.
ST. LOUIS.
SEC. 20. The city of St. Louis may extend its limits so as to embrace the parks now without its boundaries, and other convenient and contiguous territory, and frame a charter for the government of the city thus enlarged, upon the following conditions, that is to say: The council of the city and county court of the county of St. Louis, shall, at the request of the mayor of the city of St. Louis, meet in joint session and order an election, to be held as provided for general elections, by the qualified voters of the city and county, of a board of thirteen freeholders of such city or county, whose duty shall be to propose a scheme for the enlargement and definition of the boundaries of the city, the reorganization of the government of the county, the adjustment of the relations between the city thus enlarged and the residue of St. Louis county and the government of the city thus enlarged, by a charter in harmony with and subject to the constitution and laws of Missouri, which shall, among other things, provide for a chief executive and two houses of legislation, one of which shall be elected by general ticket, which scheme and charter shall be signed in duplicate by said board or a majority of them, and one of them returned to the mayor of the city and the other to the presiding justice of the county court within ninety days after the election of such board. Within thirty days thereafter the city council and county court shall submit such scheme to the qualified voters of the whole county, and such charter to the qualified voters of the city so enlarged, at an election to be held not less than twenty nor more than thirty days after the order therefor; and if a majority of such qualified voters, voting at such election, shall ratify such scheme and charter, then such scheme shall become the organic law of the county and city, and such charter the organic law of the city, and at the end of sixty days thereafter shall take the place of and supersede the charter of St. Louis, and all amendments thereof, and all special laws relating to St. Louis county in- consistent with such scheme.
SEC. 21. A copy of such scheme and charter, with a certificate thereto appended, signed by the mayor and authenticated by the seal of the city, and also signed by the presiding justice of the county court and authenti- cated by the seal of the county, setting forth the submission of such scheme and charter to the qualified voters of such county and city and its ratifica- tion, by them, shall be made in duplicate, one of which shall be deposited in the office of the secretary of state, and the other, after being recorded in the office of the recorder of deeds of St. Louis county, shall be deposited among the archives of the city, and thereafter all courts shall take judicial notice thereof.
SEC. 22. The charter so ratified may be amended at intervals of not less than two years, by proposals therefor, submitted by the law-making authorities of the city to the qualified voters thereof at a general or special
152
CONSTITUTION OF MISSOURI.
election, held at least sixty days after the publication of such proposals, and accepted by at least three-fifths of the qualified voters voting thereat.
SEC. 23. Such charter and amendments shall always be in harmony with, and subject to the constitution and laws of Missouri, except only, that provision may be made for the graduation of the rate of taxation for city purposes in the portions of the city which are added thereto by the proposed enlargement of its boundaries. In the adjustment of the rela- tions between city and county, the city shall take upon itset the entire park tax; and in consideration of the city becoming the propriucor of all the county buildings and property within its enlarged limits, it shall as- sume the whole of the existing county debt, and thereafter the city and county of St. Louis shall be independent of each other. The city shall be exempted from all county taxation. The judges of the county court shall be elected by the qualified voters outside of the city. The city, as en- larged, shall be entitled to the same representation in the general assem- bly, collect the state revenue, and perform all other functions in relation to the state in the same manner as if it were a county, as in this constitution defined; and the residue of the county shall remain a legal county of the state of Missouri, under the name of the county of St. Louis. Until the next apportionment for senators and representatives in the general assem- bly, the city shall have six senators and fifteen representatives, and the county one senator and two representatives, the same being the number of senators and representatives to which the county of St. Louis, as now or- ganized, is entitled under sections eight and eleven, of article IV, of this constitution.
SEC. 24. The county and city of St. Louis, as now existing, shall con- tinue to constitute the eighth judicial circuit, and the jurisdiction of all courts of record, except the county court, shall continue until otherwise provided by law.
SEC. 25. Notwithstanding the provisions of this article, the general assembly shall have the same power over the city and county of St. Louis that it has over other cities and counties of this state.
ARTICLE X .- REVENUE AND TAXATION.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.